THE LAW OF UKRAINE

 

On revision of selected laws and acts of Ukraine related to approval of the Law of Ukraine

“On revision of the Law of Ukraine “On state statistics”

 

The Parliament of Ukraine d e c r e e s:

I. To make changes to the following laws of Ukraine:

1. In part 1 of Article 1642 of the Code of Ukraine on administrative offences (Information Bulletin of the Supreme Soviet of Ukrainian SSR, 1984, addition to No. 51, p. 1122) to exclude the words “or statistical”.

2. To exclude part 5 of Article 13 of the Law of Ukraine “On prices and price setting” (Information Bulletin of the Supreme Soviet of Ukrainian SSR, 1990, No. 52, p. 650).

3. In the Law of Ukraine “On employment of the population” (Information Bulletin of the Supreme Soviet of Ukrainian SSR, 1991, No. 14, p. 170; Information Bulletin of the Parliament of Ukraine, 1998, No. 11 – 12, p. 44):

1) In Item 2 of Article 13 to replace the words “state statistical reporting, which displays” with words “collection of statistical information and administrative data, which display”;

2) In the subitem “e” of Item 2 of Article 14, to exclude the word “statistical”;

3) In Article 19:

After the fourth paragraph of Item 1, to add a new paragraph of the following contents:

“Carries out, according to the procedure established by the legislation, collection and processing of administrative data, which displays labour market conditions and the situation in the sphere of employment of the population”.

In this connection, to consider the paragraphs 5 to 9 as paragraphs 6 to 10, accordingly;

In the second paragraph of Item 2 to replace the word “statistical” by the word “administrative”;

4) To set forth Item 4 of Article 20 as follows:

“4. Enterprises, establishments and organizations, irrespective of the form of ownership, are registered at local centres of employment for the territory of their location as the taxpayers to the Fund of obligatory state social insurance of Ukraine for the case of unemployment, monthly provide these centres with complete administrative data on their current free workplaces (vacancies) and on the staff that work part-time during the working day (week), if this is not stipulated by the labour contract, or do not work because of idle time for the reasons not dependent on them, and within 10 days – on all newly recruited staff, according to the procedure established by the legislation. The delayed registration or refusal to register, infringements in reporting the administrative data entails the responsibility stipulated by the legislation”.

4. In Article 29 of the Law of Ukraine “On the enterprises in Ukraine” (Information Bulletin of the Supreme Soviet of Ukrainian SSR, 1991, No. 24, p. 272; Information Bulletin of the Parliament of Ukraine, 2000, No. 32, p. 256):

1) To set forth Items 1, 3 and 5 as follows:

“1. The enterprise conducts primary recording and accounting of the results of their work, compiles statistical information and administrative data.

The procedure of organization and conduct of accounting, submission of statistical information and administrative data is determined by the legislation”;

“3. The enterprises, which enter into the structure of any association, do not change the procedure of the accounting and submission of statistical information and administrative data on their activity.

The association conducts accounting and compiles statistical information and administrative data, if this is stipulated in its charter or contract, according to the procedure established for the enterprises”;

“5. The officials of enterprises bear responsibility for infringements in submission of statistical information and administrative data according to the legislation”;

2) To set forth the first paragraph Item 2 as follows:

“2. It is forbidden to require that the enterprises submit statistical information and administrative data with infringement of the procedure established by the legislation. The information that has not been stipulated by the statistical reporting documentation, can be provided by an enterprise to those requesting it on a contractual basis, and to courts, Prosecutors’ Offices, bodies of the Security Service, Ministry of Internal Affairs, State Tax Service, Anti-monopoly Committee of Ukraine, State Commission on Securities and Stock Market, economic courts, audit organizations and state executors – in cases stipulated by the legislation, upon their letter of request”.

5. To set forth parts 4 to 7 of Article 23 of the Law of Ukraine “On foreign trade activities” (Information Bulletin of the Supreme Soviet of Ukrainian SSR, 1991, No. 29, p. 377) as follows:

“Aggregation of statistical information on foreign trade activities is carried out by the State Statistics Committee of Ukraine on the basis of the data, which are provided, on a compulsory basis, by bodies that carry out state regulation of foreign trade activities (financial bodies, bodies of the State Customs Service and the National Bank of Ukraine), and also subjects of foreign trade activities.

The State Statistics Committee of Ukraine compiles and publishes quarterly the statistical information on the conditions and structure of the foreign trade balance of Ukraine.

The Ministry of Finance of Ukraine compiles the information on the conditions and structure of external state debts.

The State Statistics Committee of Ukraine is obliged to provide the subjects of foreign trade activities with the statistical information, which it possesses, according to the procedure established by the laws of Ukraine “On information” and “On state statistics”.

6. To set forth part 1 of Article 18 of the Law of Ukraine “On companies” (Information Bulletin of the Parliament of Ukraine, 1991, No. 49, p. 682; 2000, No. 32, p. 256) as follows:

“The company conducts accounting, compiles and submits statistical information and administrative data according to the procedure established by the legislation”.

7. To set forth Article 19 of the Law of Ukraine “On a commodity bourse” (Information Bulletin of the Parliament of Ukraine, 1992, No. 10, p. 139) as follows:

“Article 19. Recording and reporting

The commodity bourse conducts primary recording and accounting of the results of its work, compiles statistical information and administrative data.

The procedure of conduct of accounting and submission of statistical information and administrative data is determined by the legislation”.

8. To set forth Item 1 of Article 15 of the Law of Ukraine “On consumer cooperation” (Information Bulletin of the Parliament of Ukraine, 1992, No. 30, p. 414) as follows:

“1. The consumer societies and their unions conduct recording of results of their activity, compile statistical information and administrative data according to the procedure established by the legislation, and bear responsibility for their reliability. The requirement to submit other information, which has not been envisaged by the legislation, is forbidden”.

9. In the Law of Ukraine “On information” (Information Bulletin of the Parliament of Ukraine, 1992, No. 48, p. 650):

1) After the second paragraph of Article 18, to add a new paragraph of the following contents:

“The administrative information (data)”.

In this connection, to consider the paragraphs 3 to 8 as paragraphs 4 to 9, accordingly;

2) To set forth parts 1 and 2 of Article 19 as follows:

“Statistical information is the official documentary state information, which provides quantitative characteristics of mass phenomena and processes occurring in economic, social, cultural and other spheres of life.

The state statistical information is subject to systematic open publication. The open access of the citizens, scientific establishments and interested organizations is provided to the unpublished statistical data that are not subject to restrictions established by this Law, and also the Law of Ukraine “On state statistics”;

3) To include in the Law Article 191 of the following contents:

“Article 191. Administrative information (data)

Administrative information (data) is the official documentary data, which provides quantitative characteristics of the phenomena and processes occurring in economic, social, cultural, other spheres of life and are processed, used, disseminated and stored by state authorities (with the exception of state statistical bodies), local authorities and other legal persons as determined by the legislation, for the purposes of fulfilment of administrative duties and tasks within their authority.

The system of administrative information (data), powers of bodies that are involved in activities related to collection and use of administrative data, their sources and regime are established according to the legislation”.

10. To set forth the third paragraph of part 1 of Article 18 of the Law of Ukraine “On the legal profession” (Information Bulletin of the Parliament of Ukraine, 1993, No. 9, p. 62) as follows:

“Aggregates the administrative data on lawyer activity”.

11. To exclude parts 1 and 2 of Article 42 of the Law of Ukraine “On road traffic” (Information Bulletin of the Parliament of Ukraine, 1993, No. 31, p. 338).

12. To set forth Article 24 of the Law of Ukraine “On farms” (Information Bulletin of the Parliament of Ukraine, 1993, No. 32, p. 341) as follows:

“Article 24. Recording and reporting of a farm

The farm conducts accounting of results of its work for the economic year and submits, according to the procedure established by the legislation, statistical information and administrative data to the respective bodies.

The head of a farm bears responsibility for infringements in submission of statistical information and administrative data according to the legislation”.

13. To complement the second part of Article 15 of the Law of Ukraine “On bodies of registration of civil status certificates” (Information Bulletin of the Parliament of Ukraine, 1994, No. 14, p. 78; 2000, No. 9, p. 67) with the words “and compile administrative data”.

14. In the Law of Ukraine “On state regulation of the securities market in Ukraine” (Information Bulletin of the Parliament of Ukraine, 1996, No. 51, p. 292; 1999, No. 38, p. 339):

1) In Item 10 of the second part of Article 7, to replace the word “reporting” with the words “administrative data”;

2) To set forth the fifth paragraph of part 4 of Article 17 as follows:

“Of the collection, aggregation and analytical processing of the administrative data about professional activity in the stock market, and also information, which is subject to publicity by the issuers of securities”.

15. To set forth the third paragraph of part 1 of Article 27 of the Law of Ukraine “On publishing” (Information Bulletin of the Parliament of Ukraine, 1997, No. 32, p. 206) as follows:

“Collection and use of the administrative data that characterizes changes and trends in publishing”.

16. To set forth Article 34 of the Law of Ukraine “On agricultural cooperation” (Information Bulletin of the Parliament of Ukraine, 1997, No. 39, p. 261) as follows:

“Article 34. Recording and reporting

Cooperative society (association) conducts accounting of results of its activity, compiles statistical information and administrative data according to the procedure established by the legislation”.

II. This Law shall become effective from the date of its publication.

 

President of Ukraine #9; #9; #9; #9; L. KUCHMA

Kyiv

7 February 2002

No. 3047-III